Scarinci Hollenbeck, LLC, LLCScarinci Hollenbeck, LLC, LLC

Firm Insights

YouTube Stars Aren't Above the Copyright Law

Author: Scarinci Hollenbeck, LLC

Date: August 19, 2015

Key Contacts

Back

YouTube is an amazing platform that allows users to upload their own videos, but sometimes people, including entertainers, will use copyrighted music to enhance these videos, which could lead them to be muted or removed, or incite legal action.

Source: http://www.classroominthefuture.com/10-ways-to-use-youtube/

YouTube star Michelle Phan recently reached a settlement with a record label following her use of certain songs in her music videos. She had used songs from artists Kaskade, Deadmau5 and Calvin Harris – all signed to Ultra Records, according to the Hollywood Reporter. Phan has a number of endorsement contracts with companies such as Endemol, L’Oreal Cosmetics and Dr. Pepper, and thus, profits from the videos that she posts to YouTube.

Ultra claimed that Phan received millions of dollars from her videos that used music produced by artists on its label, according to the news outlet. Phan, however, asserted that she had received permission to use the music. She explained that she had market power, and that record labels wanted her to use their music to promote their artists to her legion of fans.

Phan and Ultra ultimately reached a settlement in their legal dispute – though the terms have not been released. However, it is important that other entertainers note that star power and a collection of valuable fans does not make the use of copyrighted music in productions such as YouTube videos all right.

Seeking out royalty-free music to avoid disputes

In general, it isn’t OK to use an artist’s music in a YouTube video, or any other sort of promotional fare, unless the work is in the public domain or the owner has given permission, ReelSEO explained. One exception is royalty free music, which isn’t in the public domain, but can be used freely. For example, Kevin MacLeod runs Incompetech, a website that offers royalty free music for use. ReelSEO actually noted a number of websites that offer royalty free music downloads:

YouTube runs a copyright tracking system called ContentID to detect unlicensed use of certain works such as the songs used by Phan in her YouTube videos. Entertainers who utilize YouTube should be wary of violating any copyrights with their background music, or use of any other sort of copyrighted work.

Mythical copyright workarounds that just aren’t real

Even if a YouTube video isn’t monetized, there’s still a chance that the owner of a song used could force a takedown of the video, ReelSEO explained. This is a reason why it is always important to seek out a license if an entertainer does intend to use potentially copyrighted music in his or her YouTube videos.

Additionally, some YouTube users attempt to diffuse their potential copyright violations by including blurbs in video descriptions that take care to acknowledge the owner of the song and note that there was never any intent of copyright violation. This, however, is not a legal protection, and if the owner of a certain song decides to take action, he or she likely has every right.

To learn more about copyright law, and the use of certain songs or other works in YouTube videos, contact a well-informed lawyer on entertainment law.

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Scarinci Hollenbeck, LLC, LLC

Related Posts

See all
A Simple Guide to Industry Roll-Up Acquisitions post image

A Simple Guide to Industry Roll-Up Acquisitions

When done successfully, industry roll-up acquisitions can dramatically grow and strengthen your business. In this post, we break down what an industry roll-up is, why companies pursue it, and what makes it an effective (and sometimes risky) business strategy. What Is an Industry Roll-Up Acquisition? In an industry roll-up acquisition of companies, a buyer acquires multiple companies […]

Author: Dan Brecher

Link to post with title - "A Simple Guide to Industry Roll-Up Acquisitions"
Genesis Mission: How the U.S. Government’s New AI Platform Will Reshape Corporate Innovation, Risk, and Competition post image

Genesis Mission: How the U.S. Government’s New AI Platform Will Reshape Corporate Innovation, Risk, and Competition

The federal government has launched one of the most ambitious scientific initiatives in decades, and it will redefine how companies develop technology, manage risk, and compete. The Genesis Mission, created by Executive Order and driven by the Department of Energy (“DOE”), is intended to accelerate scientific discovery through a national AI platform that links supercomputers, […]

Author: Michael J. Sheppeard

Link to post with title - "Genesis Mission: How the U.S. Government’s New AI Platform Will Reshape Corporate Innovation, Risk, and Competition"
Stablecoins and the GENIUS Act: How New Global Rules Are Reshaping Compliance post image

Stablecoins and the GENIUS Act: How New Global Rules Are Reshaping Compliance

Stablecoins Leave the Grey Zone Stablecoins were supposed to be the “boring” part of crypto: digital dollars that just work. Yet for years they have lived in a regulatory no-man’s-land, classified one day as securities, the next as commodities, and sometimes as something regulators had not even named yet. That uncertainty is finally starting to […]

Author: Bryce S. Robins

Link to post with title - "Stablecoins and the GENIUS Act: How New Global Rules Are Reshaping Compliance"
Don’t Overlook the Importance of Business License Management post image

Don’t Overlook the Importance of Business License Management

If you operate a business without the proper license, you risk fines, insurance issues, reputational harm, and even business closure. Even innocent mistakes, like forgetting to renew a license, can have significant consequences, such as losing your lawsuit for payment of services that are unlicensed, which makes it imperative to have business license management procedures […]

Author: Dan Brecher

Link to post with title - "Don’t Overlook the Importance of Business License Management"
Failing to Comply With NJ Rent Control Exemption May Prove Costly post image

Failing to Comply With NJ Rent Control Exemption May Prove Costly

What Developers Need to Know About New Jersey’s Rent Control Exemption Law to Ensure Entitlement to Exemption for Newly Constructed Multi-family Housing.  A property owner in Jersey City is facing a $400 million federal class action lawsuit alleging that the landlord did not follow the procedural steps required to be eligible for exemption from local […]

Author: Patrick T. Conlon

Link to post with title - "Failing to Comply With NJ Rent Control Exemption May Prove Costly"
Crypto Securities Law: When Tokens Become Investment Contracts post image

Crypto Securities Law: When Tokens Become Investment Contracts

The application of traditional federal securities laws to crypto assets continues to evolve. In some cases, the Securities and Exchange Commission (SEC) considers tokens and other digital assets to be securities. This makes them subject to federal securities law, including the Securities Act of 1933 and the Securities Exchange Act of 1934. This classification has […]

Author: Bryce S. Robins

Link to post with title - "Crypto Securities Law: When Tokens Become Investment Contracts"

No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

Sign up to get the latest from our attorneys!

Explore What Matters Most to You.

Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.

Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.

Let`s get in touch!

* The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form. By providing a telephone number and submitting this form you are consenting to be contacted by SMS text message. Message & data rates may apply. Message frequency may vary. You can reply STOP to opt-out of further messaging.

Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!